| ||||
| Public Act 099-0631 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 2012 is amended by changing | ||||
Sections 21-1, 21-1.2, and 21-1.3 as follows: | ||||
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| ||||
Sec. 21-1. Criminal damage to property.
| ||||
(a) A person commits criminal damage to property when he or | ||||
she:
| ||||
(1) knowingly damages any property of another;
| ||||
(2) recklessly by means of fire or explosive damages | ||||
property of
another;
| ||||
(3) knowingly starts a fire on the land of another;
| ||||
(4) knowingly injures a domestic animal of another | ||||
without his
or her consent;
| ||||
(5) knowingly deposits on the land or in the building | ||||
of another any stink bomb or any offensive smelling | ||||
compound
and thereby intends to interfere with the use by | ||||
another of the land or
building;
| ||||
(6) knowingly damages any property, other than as | ||||
described in paragraph (2) of subsection (a) of
Section | ||||
20-1, with intent to defraud an insurer;
| ||||
(7) knowingly shoots a firearm at any portion of a | ||||
railroad train; | ||
(8) knowingly, without proper authorization, cuts, | ||
injures, damages, defaces, destroys, or tampers with any | ||
fire hydrant or any public or private fire fighting | ||
equipment, or any apparatus appertaining to fire fighting | ||
equipment; or | ||
(9) intentionally, without proper authorization, opens | ||
any fire hydrant.
| ||
(b) When the charge of criminal damage to property | ||
exceeding a specified
value is brought, the extent of the | ||
damage is an element of the offense to
be resolved by the trier | ||
of fact as either exceeding or not exceeding
the specified | ||
value.
| ||
(c) It is an affirmative defense to a violation of | ||
paragraph (1), (3), or (5) of subsection (a) of this Section | ||
that the owner of the property or land damaged consented to the | ||
damage.
| ||
(d) Sentence. | ||
(1) A violation of subsection (a) shall have the | ||
following penalties: | ||
(A) A violation of paragraph (8) or (9) is a Class | ||
B misdemeanor. | ||
(B) A violation of paragraph (1), (2), (3), (5), or | ||
(6) is a Class
A misdemeanor when the damage to | ||
property does not exceed $500 $300. | ||
(C) A violation of paragraph (1), (2), (3), (5), | ||
or (6) is a Class 4
felony when the damage to
property | ||
does not exceed $500 $300 and the damage occurs to | ||
property of a school
or
place of worship or to farm | ||
equipment or immovable items of agricultural
| ||
production, including
but not
limited to grain | ||
elevators, grain bins, and barns or property which | ||
memorializes or honors an individual or group of police | ||
officers, fire fighters, members of the United States | ||
Armed Forces, National Guard, or veterans. | ||
(D) A violation of paragraph (4) is a Class 4
| ||
felony when the
damage to property does not exceed | ||
$10,000. | ||
(E) A violation of paragraph (7) is a Class 4 | ||
felony. | ||
(F) A violation of paragraph (1), (2), (3), (5) or | ||
(6) is a Class 4 felony when the damage to property
| ||
exceeds $500 $300 but does not exceed $10,000. | ||
(G) A violation of paragraphs (1) through (6) is a | ||
Class 3 felony when the damage to property exceeds $500 | ||
$300 but
does not exceed $10,000 and the damage occurs | ||
to property of a school
or place
of worship or to farm | ||
equipment or immovable items of agricultural
| ||
production,
including
but not
limited to grain | ||
elevators, grain bins, and barns or property which | ||
memorializes or honors an individual or group of police | ||
officers, fire fighters, members of the United States | ||
Armed Forces, National Guard, or veterans. | ||
(H) A violation of paragraphs (1) through (6) is a | ||
Class 3 felony when the damage to property
exceeds | ||
$10,000 but does not exceed $100,000. | ||
(I) A violation of paragraphs (1) through (6) is a | ||
Class 2 felony when the damage to property exceeds | ||
$10,000
but does not exceed $100,000 and the damage | ||
occurs to property of a school
or
place of worship or | ||
to farm equipment or immovable items
of agricultural | ||
production, including
but not
limited to grain | ||
elevators, grain bins, and barns or property which | ||
memorializes or honors an individual or group of police | ||
officers, fire fighters, members of the United States | ||
Armed Forces, National Guard, or veterans. | ||
(J) A violation of paragraphs (1) through (6) is a | ||
Class 2 felony when the damage to property exceeds
| ||
$100,000. A violation of paragraphs (1) through (6) is | ||
a Class 1 felony when the damage to property exceeds | ||
$100,000 and the damage occurs to property of
a school | ||
or place of worship or to farm equipment or immovable | ||
items
of agricultural production, including
but not
| ||
limited to grain elevators, grain bins, and barns or | ||
property which memorializes or honors an individual or | ||
group of police officers, fire fighters, members of the | ||
United States Armed Forces, National Guard, or | ||
veterans.
| ||
(2) When the damage to property exceeds $10,000,
the
| ||
court shall impose
upon the offender a fine equal to the | ||
value of the damages to the property.
| ||
(3) In addition to any other sentence that may be | ||
imposed, a court shall
order any person convicted of | ||
criminal damage to property to perform community
service | ||
for not less than 30 and not more than 120 hours, if | ||
community service
is available in the jurisdiction
and is | ||
funded and approved by the county board of the county where | ||
the
offense was committed.
In addition, whenever any person | ||
is placed
on supervision for an alleged offense under this | ||
Section, the supervision shall
be conditioned upon the | ||
performance of the community service.
| ||
The community service requirement does not apply when | ||
the court imposes a sentence of
incarceration.
| ||
(4) In addition to any criminal penalties imposed for a | ||
violation of this Section, if a person is convicted of or | ||
placed on supervision for knowingly damaging or destroying | ||
crops of another, including crops intended for personal, | ||
commercial, research, or developmental purposes, the | ||
person is liable in a civil action to the owner of any | ||
crops damaged or destroyed for money damages up to twice | ||
the market value of the crops damaged or destroyed. | ||
(5) For the purposes of this subsection (d), "farm | ||
equipment" means machinery
or
other equipment used in | ||
farming. | ||
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)
| ||
(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
| ||
Sec. 21-1.2. Institutional vandalism.
| ||
(a) A person commits institutional vandalism when, by | ||
reason of the actual
or perceived race, color, creed, religion, | ||
ancestry, gender, sexual orientation, physical or mental | ||
disability, or national origin of another
individual or group | ||
of individuals, regardless of the existence of any other
| ||
motivating factor or factors, he or she knowingly and without | ||
consent
inflicts damage to any of the following properties:
| ||
(1) A church, synagogue, mosque, or other building, | ||
structure or place
used for religious worship or other | ||
religious purpose;
| ||
(2) A cemetery, mortuary, or other facility used for | ||
the
purpose of burial or memorializing the dead;
| ||
(3) A school, educational facility or community | ||
center;
| ||
(4) The grounds adjacent to, and owned or rented by, | ||
any institution,
facility, building, structure or place | ||
described in paragraphs (1), (2)
or (3) of this subsection | ||
(a); or
| ||
(5) Any personal property contained in any | ||
institution, facility,
building, structure or place | ||
described in paragraphs (1), (2) or (3) of this
subsection
| ||
(a).
| ||
(b) Sentence. | ||
(1) Institutional vandalism is a Class 3 felony when | ||
the damage to the
property does not exceed $500 $300. | ||
Institutional vandalism is a Class 2 felony
when the damage | ||
to the property exceeds $500 $300.
Institutional vandalism | ||
is a Class 2 felony for any second or subsequent
offense.
| ||
(2) Upon imposition of any sentence,
the trial court | ||
shall also either order restitution paid to the victim
or | ||
impose a fine up to $1,000. In addition, any order of | ||
probation or
conditional discharge entered following a | ||
conviction or an adjudication of
delinquency shall include | ||
a condition that the offender perform public or
community | ||
service of no less than 200 hours if that service is | ||
established in
the county where the offender was convicted | ||
of institutional vandalism. The
court may also impose any | ||
other condition of probation or conditional discharge
| ||
under this Section.
| ||
(c) Independent of any criminal prosecution or the result | ||
of that
prosecution, a person suffering damage to property or | ||
injury to his or her
person as a result of institutional | ||
vandalism may bring a civil action for
damages, injunction or | ||
other appropriate relief. The court may award actual
damages, | ||
including damages for emotional distress, or punitive damages. | ||
A
judgment may include attorney's fees and costs. The parents | ||
or legal guardians
of an unemancipated minor, other than | ||
guardians appointed under the Juvenile
Court Act or the | ||
Juvenile Court Act of 1987, shall be liable for the amount of
| ||
any judgment for actual damages rendered against the minor | ||
under this
subsection in an amount not exceeding the amount | ||
provided under Section
5
of the Parental Responsibility Law.
| ||
(d) As used in this Section, "sexual orientation" has the | ||
meaning ascribed to it in paragraph (O-1) of Section 1-103 of | ||
the Illinois Human Rights Act. | ||
(Source: P.A. 99-77, eff. 1-1-16.)
| ||
(720 ILCS 5/21-1.3)
| ||
Sec. 21-1.3. Criminal defacement of property.
| ||
(a) A person commits criminal defacement of property when | ||
the person
knowingly damages the property of another by
| ||
defacing, deforming, or otherwise damaging the property by the | ||
use of paint or
any other similar substance, or by the use of a | ||
writing instrument, etching
tool, or any other similar device. | ||
It is an affirmative defense to a violation of this Section | ||
that the owner of the property damaged consented to such | ||
damage.
| ||
(b) Sentence. | ||
(1) Criminal defacement of property is a Class A | ||
misdemeanor for a
first offense when the aggregate value of the | ||
damage to the property does not exceed $500 $300. Criminal
| ||
defacement of property is a Class 4 felony when the aggregate | ||
value of the damage to property does not
exceed $500 $300 and | ||
the property damaged is a school building or place of
worship | ||
or property which memorializes or honors an individual or group | ||
of police officers, fire fighters, members of the United States | ||
Armed Forces or National Guard, or veterans. Criminal
| ||
defacement of property is a Class 4 felony for a second or | ||
subsequent
conviction or when the aggregate value of the damage | ||
to the property exceeds $500 $300.
Criminal defacement of | ||
property is a Class 3 felony when the aggregate value of the | ||
damage to property
exceeds $500 $300 and the property damaged | ||
is a school building or place of
worship or property which | ||
memorializes or honors an individual or group of police | ||
officers, fire fighters, members of the United States Armed | ||
Forces or National Guard, or veterans.
| ||
(2) In addition to any other sentence that may be imposed
| ||
for a violation of this Section,
a person convicted of
criminal | ||
defacement of
property shall: | ||
(A) pay the
actual costs incurred
by the property owner | ||
or the unit of government to abate, remediate,
repair, or | ||
remove the effect of the damage to the property. To the | ||
extent
permitted by law, reimbursement for the costs of | ||
abatement, remediation,
repair, or removal shall be | ||
payable to the person who incurred the costs; and | ||
(B) if convicted of criminal defacement of property | ||
that is chargeable as a Class 3 or Class 4 felony, pay a | ||
mandatory minimum fine of $500.
| ||
(3) In addition to any
other sentence that may be imposed, | ||
a court shall order any person convicted of
criminal defacement | ||
of property to perform community service for not less than
30 | ||
and not more than 120 hours, if community service is available | ||
in the
jurisdiction. The community service shall include, but | ||
need
not be limited to, the cleanup and repair of the damage to | ||
property that was
caused by the offense, or similar damage to | ||
property located in the
municipality or county in which the | ||
offense occurred.
When the property damaged is a school | ||
building, the community service may
include cleanup, removal, | ||
or painting over the defacement.
In addition, whenever any
| ||
person is placed on supervision for an alleged offense under | ||
this Section, the
supervision shall be conditioned
upon the | ||
performance of the community service. | ||
(4) For the purposes of this subsection (b), aggregate | ||
value shall be determined by adding the value of the damage to | ||
one or more properties if the offenses were committed as part | ||
of a single course of conduct.
| ||
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; | ||
98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)
| ||